HALF a century ago, the Cold War between the then USSR and the US sparked what became known as the first space race as these two superpowers competed with each other to exert dominance in space. This intense rivalry spawned huge technological innovations and resulted in out-of-this world achievements.
In recent years, a new space race has emerged, where Mars appears to be the latest prize. What sets this space race apart from its forerunner is that government-directed space programmes are no longer the only contenders. Entrepreneurs have entered the arena, eager to invest in the myriad of business opportunities that the space industry has to offer – in the form of deep space exploration, commercial satellite launches and the provision of satellite internet. The 2020 Morgan Stanley Report suggests that the global space industry is projected to generate a revenue of more than US$1 trillion by 2040.
The Malaysian government has also set its sights on potential economic growth for our national space industry as reflected in the government’s launch of the National Space Policy 2030 in 2017 and the establishment of the Malaysian Space Agency (MYSA) in 2019, to facilitate the development of our national space industry. Malaysia is also the fourth Asean country to introduce dedicated national space legislation – the government tabled the Malaysian Space Board Bill 2020 before Parliament in November last year.
This Bill seeks to regulate the space industry in Malaysia by providing for registration and licensing requirements for certain economic activities; whilst seeking to prohibit space-related activities which are outlawed by international space treaties, to ensure that space is used for peaceful purposes.
The key provisions in the Bill are as follows:
1. “Space” and “space object”
Under the Bill, “space” refers to the void extending from 100km above mean sea level. This is in line with the most widely accepted boundary for the edge of space, also known as the Kármán line.
A “space object” refers to a spacecraft and launch vehicle including the components parts of the spacecraft and launch vehicle. While “spacecraft” is not defined in the Bill, the term is generally understood to encompass any vehicle or machine that is designed to fly in space including satellites and space probes.
2. Licence to manufacture space objects and operate launch facilities
The Bill requires any person intending to: (a) build or manufacture any space object; (b) own or operate any facility that integrates or tests any space object; or (c) own or operate any launch facility; to obtain a licence.
It may be useful to note that the Communications and Multimedia (Licensing) Regulations 2000 (CMR) currently provides licensing requirements for network facilities and network services which include satellite hubs, space stations and space services. As clause 4 of the Bill provides that the Bill must be read in addition to and not in derogation of other written laws, subject to further directions from the government in the future, it appears that CMR licensees will be required to obtain additional licences under the Bill.
3. Permits and certificates to launch space objects
Launch service providers are required to obtain the Launch Permit while owners of space objects need to obtain a launch certificate to launch their space objects into space – if the owner is a Malaysian company, citizen, or permanent resident. This requirement applies regardless of whether the launch facility is located within or outside Malaysia.
4. Registration and notification requirements for launched space objects
Once a space object is successfully launched into space, space object owners must register their space object and notify the space regulator if their space object is physically destroyed or has ceased to be in operation.
5. Offenders beware. Huge penalties and liabilities under the Bill
A striking feature of the Bill is the huge penalties imposed on offenders who fail to comply with the prescribed requirements or prohibitions. For instance, failure to obtain a launch permit is punishable with a maximum RM60 million fine, and the highest penalty is set at the colossal sum of RM100 million.
Further, launch service providers and space object owners are also to be made absolutely liable for damages resulting from their activities, and are obliged to indemnify the Malaysian government if their activities result in legal claims being brought against the government.
This article was contributed by Yeap Yee Lin of Christopher & Lee Ong.
Source: The Sun Daily
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